Although approximately 90% of all non-Collaborative family law cases are eventually settled out of court, the litigation process is still adversarial, which differs greatly from the Collaborative process. Even though Collaborative and non-Collaborative processes can lead to a settlement, the Collaborative Process tends to manage, rather than ramp up, conflict throughout the process.
For couples involved in separation/divorce, an Interspousal Contract and Separation Agreement (“Agreement”) is required, alternatively the court decides how assets will be divided and as applicable determines parenting arrangements. While still providing legal guidance to protect their respective client’s interests, collaboratively-trained lawyers encourage creative solutions and work together to help their client’s reach agreement without the necessity of involving a judge. By design, the collaborative process ensures that the unique needs and goals of the parties involved are taken into account and thus offers the parties more control in both process and outcome than litigation approaches.